INCORPORATED ASSOCIATIONS INFORMATION SEMINAR INTRODUCTION 136 000 incorporated

INCORPORATED ASSOCIATIONS INFORMATION SEMINAR

INTRODUCTION 136, 000 incorporated associations in Australia 35, 000 incorporated associations in NSW

What we will cover in this session • Why incorporate? • How to incorporate? • Running an incorporated association

Why incorporate? • incorporation is a choice • separate legal entity • own property in own right • enter into enforceable contracts • sue or be sued • continues regardless of changes to membership • limited liability for members

The legislation: Associations Incorporation Act 2009 and Associations Incorporation Regulation 2010 Introduces objects: • small scale • not for profit • non-commercial activities

Steps to incorporate an association • registration process • five members • objects • constitution • reserve the name • application for incorporation • appoint a public officer

Running an association Responsibilities attached to incorporation

Statutory obligations • official address, objects and a constitution • committee to manage affairs • appoint a public officer • annual general meeting • financial reporting • must not secure monetary gain for members

Constitution • managing the association • contract between members and association • schedule 1 of the Act • model constitution • changes only effective upon registration

Schedule 1 - membership qualifications (if any) - register of members - fees and subscriptions (if any) - members’ liabilities - disciplinary procedures and appeals mechanism - internal disputes - constitution and function of the committee (elections, terms of office etc. ) - calling of general meetings

Schedule 1 (continued) - time and manner in which notice of meetings to be given - procedures to be followed at general meetings and if able to vote by proxy - kinds of resolutions that may be voted on by means of a postal ballot - sources of funds (donations, grants etc. ) - management of funds (drawing and signing cheques) - custody and inspection of books and records - the association’s financial year

Financial reporting • Tier 1 – larger associations - gross receipts exceed $250, 000 or - current assets exceed $500, 000 - audited accounts to be submitted to members - lodge copy of audited accounts with Registry • Tier 2 – small associations - summary of financial affairs submitted to members - lodge annual summary of financial affairs with Registry

Management Committee • three or more members over 18 and resident in Australia • manage day to day running of association • appoint a public officer and authorised signatories • maintain records/registers • hand over records/documents to public officer

Public officer • appointed by the committee • over 18 and resident of NSW • authorised signatory • point of contact (public register) • notifying a change to an official address • lodging annual statement • receiving/handing over records

Records • copy must be kept in the English language • financial affairs/transactions • minutes of all meetings • registers - committee members - authorised signatories - disclosed interests - association members • hand over documents within 14 days

Meetings • held at two or more venues • annual general meeting/special general meetings • committee meetings • voting - ordinary resolutions - special resolutions - proxy voting • postal ballot

Meeting procedure • Notice of meeting • Agenda • Chair • Quorum • Conduct of meeting • Motions and resolutions • Voting • Minutes • After the meeting

Frequently asked questions • resolving disputes – how? • reviewing decisions – for? • penalty notices – why? • cancelling the association – when? • searching the public register – information?

Further information available from: Registry of Co-operatives & Associations – 1800 502 042 Fair Trading Centres – 133 220 www. fairtrading. nsw. gov. au www. legislation. nsw. gov. au Salmat Print on Demand – 1300 656 986